Details emerge

After nearly a month of silence surrounding the Siskiyou County Board of Supervisor's decision to investigate County Counsel Tom Guarino, details began to emerge on Tuesday – first with an appearance by Guarino at the board's regular meeting and later when he attempted to enter his office and was barred by Sheriff Jon Lopey.

Comment

By John Bowman

Siskiyou Daily News, Yreka, CA

By John Bowman

Posted Sep. 13, 2012 at 1:36 PM
Updated Sep 13, 2012 at 2:09 PM

By John Bowman

Posted Sep. 13, 2012 at 1:36 PM
Updated Sep 13, 2012 at 2:09 PM

YREKA

After nearly a month of silence surrounding the Siskiyou County Board of Supervisor's decision to investigate County Counsel Tom Guarino, details began to emerge on Tuesday – first with an appearance by Guarino at the board's regular meeting and later when he attempted to enter his office and was barred by Sheriff Jon Lopey.

The letter

Guarino appeared before the board Tuesday and submitted a letter from his attorney, John Lawrence, alleging that the board has acted illegally in its prosecution of the investigation into his job performance. The letter also details Guarino's version of events surrounding the investigation.

Guarino told the board, "This letter sets forth, in detail, my objections to the conduct of the board and the county administrator over the past few weeks. In keeping with your direction that you will not speak with me or communicate with me, I have nothing further to say."

The letter states that on or about Aug. 16 or 17, "an agent to the board came to the office of County Counsel Guarino and presented him with a written demand from the board that he immediately leave the office. This demand was backed up by the presence of an assistant sheriff and two marked patrol units..."

According to the letter, Guarino left the office "under duress after specifically informing the board's agent that the actions were illegal." The locks were allegedly changed the next day.

Lawrence alleges that, in Guarino's absence, county council staff have been instructed to cooperate with the investigation under threat of punishment; Deputy County Counsel Brian Morris has been given authority over county counsel staff and operations; and staff have been instructed not to allow Guarino to enter the premises of the county counsel office building.

"There is no legal authority for such actions as the county counsel is the supervising authority of that office, and neither the board or county administrator have any legal authority to take such actions," Lawrence writes.

Guarino told the Daily News he believes county counsel can only be removed by the specific legal procedures established by law and those procedures have not been followed in this case.

In the letter, Lawrence writes, "Government Code Section 27641 provides the sole and exclusive means to remove a county counsel. It does not authorize the county administrator and/or the board [of supervisors] to summarily force him from office, temporarily or otherwise, without the process provided by law."

David Prentice of Cota Cole, LLP – the law firm hired to oversee the Guarino investigation performed by a private investigator – does not believe the actions taken against Guarino are illegal.

Prentice told the Daily News, "The board hasn't done anything to Mr. Guarino. He remains county counsel. He remains paid with full benefits. They've simply asked him to be someplace else during an investigation. So we don't find that to be illegal."

Page 2 of 3 - Lawrence also states, "we do believe in part that individuals are upset about a recent legal opinion rendered by Mr. Guarino." Lawrence believes the actions against Guarino may be reprisal for the opinion.

Prentice also denies these allegations.

He said, "It has to do with his own conduct and he knows what that conduct is. Nobody is questioning his ability as a lawyer or his legal opinion."

Prentice added, "This whole thing was a response to certain events that occurred and they involved him. So they needed to be dealt with and that's what the board is trying to do."

Entry refused

At about 3:15 p.m. Tuesday, Guarino attempted to enter the county counsel offices on S. Broadway in Yreka for the stated purpose of retrieving personal items from his office. He told the Daily News that, at that time, employees in the office refused to allow him to enter.

At approximately 3:45 p.m., Guarino again attempted to enter the office and was met in the reception area by Deputy County Counsel Brian Morris, Siskiyou County Sheriff Jon Lopey, and Assistant Sheriff John Villani. Lopey told Guarino he could not allow him to enter the office per an order from the board of supervisors and the county administrator.

Guarino asked Lopey, "What legal basis do you have for keeping county counsel from his office?"

Lopey did not cite any warrant or criminal complaint, but repeated his statement that he was acting on the order of the board and county administrator, adding that there were employees in the office who were intimidated by Guarino and "fearful" of him – a charge to which Guarino expressed disbelief.

Lopey asked Guarino – "as a work associate and a friend" – to cooperate and leave the premises while he "worked this out" with the county administrator, stating that he was sure an arrangement could be made to retrieve the personal items.

During the encounter, Guarino announced that he had received an ultimatum from Cota Cole.

"Their lawyer, today, delivered a threat that, unless I resign, they are going to file an accusation against me. But they will not tell me what the accusation is or specify the charges," Guarino said.

Sheriff Lopey told the Daily News on Wednesday that, as of that time, no criminal charges had been filed against Guarino but the incident at the county counsel office had been documented. He called the situation "unfortunate," adding that County Administrator, Tom Odom, had assured him arrangements would be made for Guarino to retrieve personal items soon.

The board of supervisors discussed the investigation of Guarino again during a closed session on Tuesday. No reportable action was taken.

According to Prentice, the board is "still working on it."

Page 3 of 3 - Look for further coverage of this story in future editions of the Daily News.